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A BILL TO BE ENTITLED
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AN ACT
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relating to suits brought by local governments for violations of |
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certain laws under the jurisdiction of, or rules adopted or orders |
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or permits issued by, the Texas Commission on Environmental |
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Quality; affecting civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 7, Water Code, is amended |
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by adding Sections 7.359, 7.360, and 7.361 to read as follows: |
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Sec. 7.359. LIMITATION ON CIVIL PENALTY. (a) In a suit |
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brought by a local government under this subchapter, a person may be |
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assessed a civil penalty of not less than $50 and not more than |
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$25,000 for each day of each violation, provided that the total |
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amount assessed may not exceed $4.3 million. |
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(b) This section does not limit the state's authority to |
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pursue the assessment of a civil penalty under this chapter. |
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Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
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OF CIVIL PENALTY. In determining the amount of a civil penalty to |
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be assessed in a suit brought by a local government under this |
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subchapter, the trier of fact shall consider the factors described |
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by Section 7.053. |
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Sec. 7.361. LIMITATIONS. A suit for a civil penalty that is |
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brought by a local government under this subchapter must be brought |
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not later than the fifth anniversary of the earlier of the date the |
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person who committed the violation: |
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(1) notifies the commission in writing of the |
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violation; or |
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(2) receives a notice of enforcement from the |
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commission with respect to the alleged violation. |
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SECTION 2. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |